Can the crime victim request a penalty for the defendant in Vietnam?

Can the crime victim request a penalty for the defendant in Vietnam?

Based on Clause 2, Article 62 of the 2015 Criminal Procedure Code, the rights of the crime victim are as follows:

a) Be informed and explained about their rights and duties as per this Article;

b) Present evidences, documents, items and requests;

c) Confer on relevant evidences, documents and items and request authorized procedural persons to inspect and evaluate such;

d) Requisition expert examinations and valuation as per the laws;

dd) Be informed of results of investigations and lawsuits;

e) Request the change of authorized procedural persons, expert witnesses, valuators, interpreters and translators;

g) Recommend punitive measures, compensation level and guarantees of compensation;

h) Attend the trial; provide opinions, request Court president to question defendants and attendees in court; engage in oral arguments in court to defend their legitimate rights and benefits; read the Court’s reports;

 

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Therefore, you have the right to recommend punitive measures for the defendant, however, the determination of the penalty for the defendant falls within the jurisdiction of the Court.

Can the crime victim request a penalty for the defendant in Vietnam? (Image from the Internet)

How many years in prison is the penalty for robbery in Vietnam?

Based on Article 168 of the 2015 Criminal Procedure Code, robbery is regulated as follows:

1. Any person who uses violence, threat of immediate violence or commits other acts that render another person unable to resist in other to obtain his/her property shall face a penalty of 03 - 10 years' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:

a) The offence is committed by an organized group;

b) The offence is committed in a professional manner;

c) The offence causes 11% - 30% WPI for the victim;

d) The offender uses a dangerous weapon, device or other dangerous methods to commit the offence;

dd) The property taken is assessed at from VND 50,000,000 to under VND 200,000,000;

e) The offence is committed against a person under 16, a woman whose pregnancy is known by the offender, an old and weak, sick or defenseless person.

g) The offence has a negative impact on social safety, order and security;

h) Dangerous recidivism.

3. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment:

a) The property taken is assessed at from VND 200,000,000 to under VND 500,000,000;

b) The offence causes 31% - 60% WPI for the victim;

c) The offender takes advantage of a natural disaster or epidemic to commit the offence.

4. This offence committed in any of the following circumstances carries a penalty of 18 - 20 years' imprisonment or life imprisonment:

a) The property taken is assessed at ≥ VND 500,000,000;

b) The offence results in bodily harm of 01 person who suffers from ≥ 61% WPI or bodily harm of 02 or more people, each of whom suffers from ≥ 31% WPI of 02 or more victims;

c) The offence results in the death of the victim;

d) The offender takes advantage of a war or state of emergency to commit the offence.

5. Any person who makes preparation for the commission of this offence shall face a penalty of 01 - 05 years' imprisonment.

6. The offender may also be liable to a fine of from VND 10,000,000 to VND 100,000,000 , be put under mandatory supervision, prohibited from residence for 01 - 05 years or have all or part of his/her property confiscated.

According to this Article, the person who commits the act of robbing your property will be held criminally responsible as prescribed above.

Best Regards!